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sanjay02

05-17 01:58 PM

http://news.yahoo.com/s/ap/20070517/ap_on_go_co/immigration_congress

WASHINGTON - Key senators in both parties and the White House announced agreement Thursday on an immigration overhaul that would grant quick legal status to millions of illegal immigrants already in the U.S. and fortify the border.

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The plan would create a temporary worker program to bring new arrivals to the U.S. A separate program would cover agricultural workers. New high-tech enforcement measures also would be instituted to verify that workers are here legally.

The compromise came after weeks of painstaking closed-door negotiations that brought the most liberal Democrats and the most conservative Republicans together with President Bush's Cabinet officers to produce a highly complex measure that carries heavy political consequences.

Bush hailed completion of the deal as a "historic moment," and said he looked forward to signing it into law, according to Homeland Security Secretary Michael Chertoff, who said he called the president to inform him of it.

"Politics is the art of the possible, and the agreement that we just reached is the best possible chance we will have in years to secure our borders and bring millions of people out of the shadows and into the sunshine of America," Kennedy said.

The accord sets the stage for what promises to be a bruising battle next week in the Senate on one of Bush's top non-war priorities. The president has said he wants to sign an immigration bill by summer's end.

The key breakthrough came when negotiators struck a bargain on a so-called "point system" that would for the first time prioritize immigrants' education and skill level over family connections in deciding how to award green cards.

The draft bill "gives a path out of the shadows and toward legal status for those who are currently here" illegally, said Sen. Dianne Feinstein (news, bio, voting record), D-Calif.

The immigration issue also divides both parties in the House, which isn't expected to act unless the Senate passes a bill first.

The proposed agreement would allow illegal immigrants to come forward and obtain a "Z visa" and � after paying fees and a $5,000 fine � ultimately get on track for permanent residency, which could take between eight and 13 years. Heads of household would have to return to their home countries first.

They could come forward right away to claim a probationary card that would let them live and work legally in the U.S., but could not begin the path to permanent residency or citizenship until border security improvements and the high-tech worker identification program were completed.

A new temporary guest worker program would also have to wait until those so-called "triggers" had been activated.

Those workers would have to return home after work stints of two years, with little opportunity to gain permanent legal status or ever become U.S. citizens. They could renew their guest worker visas twice, but would be required to leave for a year in between each time.

Democrats had pressed instead for guest workers to be permitted to stay and work indefinitely in the U.S.

In perhaps the most hotly debated change, the proposed plan would shift from an immigration system primarily weighted toward family ties toward one with preferences for people with advanced degrees and sophisticated skills. Republicans have long sought such revisions, which they say are needed to end "chain migration" that harms the economy, while some Democrats and liberal groups say it's an unfair system that rips families apart.

Family connections alone would no longer be enough to qualify for a green card � except for spouses and minor children of U.S. citizens.

New limits would apply to U.S. citizens seeking to bring foreign-born parents into the country.

I doubt it...Ask the school the question...Schools nowadays have dedicated international students services.... Any type of work is not acceptable on H4...Fellowship would constitute work..Wouldn't it ???....

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satyasaich

07-31 08:37 AM

In the first place, without knowing the job details how a person gets an offer? by the way LCA number will never give a detailed description of nature of job.

Hi Gurus,

I got an offer from a company and having the LCA case number with me. Is there any way that I can find the job description using my LCA case number? or else anyone tell me how to find the job description?

it won't correct, as this practice has been long stopped. You may be in trouble for sure.

I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..

This story below just goes to show that if smart scientists and engineers are not available here (because of low skilled immigation and the decepit STEM education), then jobs will continue to be outsourced to where the job can be done. Not only does the U.S. lose brainpower, it loses significant tax revenue which would otherwise have been available if the jobs were located in the U.S. And then, not only do skilled immigrants bring their skills to work for America, they also help build the local economy (home/auto, other capital investments, etc besides local/state/county taxes...).

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NEW YORK TIMES

By STEVE LOHR Published: February 16, 2006 The globalization of work tends to start from the bottom up. The first jobs to be moved abroad are typically simple assembly tasks, followed by manufacturing, and later, skilled work like computer programming. At the end of this progression is the work done by scientists and engineers in research and development laboratories.

Skip to next paragraph Report From Ewing Marion Kauffman Foundation A new study that will be presented today to the National Academies, the nation's leading advisory groups on science and technology, suggests that more and more research work at corporations will be sent to fast-growing economies with strong education systems, like China and India.

In a survey of more than 200 multinational corporations on their research center decisions, 38 percent said they planned to "change substantially" the worldwide distribution of their research and development work over the next three years � with the booming markets of China and India, and their world-class scientists, attracting the greatest increase in projects.

Whether placing research centers in their home countries or overseas, the study said, companies often use similar criteria. The quality of scientists and engineers and their proximity to research centers are crucial.

The study contended that lower labor costs in emerging markets are not the major reason for hiring researchers overseas, though they are a consideration. Tax incentives do not matter much, it said.

Instead, the report found that multinational corporations were global shoppers for talent. The companies want to nurture close links with leading universities in emerging markets to work with professors and to hire promising graduates.

"The story comes through loud and clear in the data," said Marie Thursby, an author of the study and a professor at Georgia Tech's college of management. "You have to have an environment that fosters the development of a high-quality work force and productive collaboration between corporations and universities if America wants to maintain a competitive advantage in research and development."

The multinationals, representing 15 industries, were from the United States and Western Europe. The authors said there was no statistically significant difference between the American and European companies.

Dow Chemical is one company that plans to invest heavily in new research and development centers in China and India. It is building a research center in Shanghai, which will employ 600 technical workers when it is completed next year. Dow is also finishing plans for a large installation in India, said William F. Banholzer, Dow's chief technology officer.

Today, the company employs 5,700 scientists worldwide, about 4,000 of them in the United States and Canada, and most of the rest in Europe. But the moves overseas will alter that. "There will be a major shift for us," Mr. Banholzer said.

The swift economic growth in China and India, he said, is part of the appeal because products and processes often have to be tailored for local conditions. The rising skill of the scientists abroad is another reason. "There are so many smart people over there," Mr. Banholzer said. "There is no monopoly on brains, and none on education either."

Such views were echoed by other senior technology executives, whose companies are increasing their research employment abroad. "We go with the flow, to find the best minds we can anywhere in the world," said Nicholas M. Donofrio, executive vice president for technology and innovation at I.B.M., which first set up research labs in India and China in the 1990's. The company is announcing today that it is opening a software and services lab in Bangalore, India.

At Hewlett-Packard, which opened an Indian lab in 2002 and is starting one in China, Richard H. Lampman, senior vice president for research, points to the spread of innovation around the world. "If your company is going to be a global leader, you have to understand what's going on in the rest of the world," he said.

The globalization of research investment, industry executives and academics argued, need not harm the United States. In research, as in economics, they said, growth abroad does not mean stagnation at home � and typically the benefits outweigh the costs.

Still, more companies in the survey said they planned to decrease research and development employment in the United States and Europe than planned to increase employment.

In numerical terms, scientists and engineers in research labs represent a relatively small part of the national work force. Like the debate about offshore outsourcing in general, the trend, which may point to a loss of competitiveness, is more significant than the quantity of jobs involved.

The American executives who are planning to send work abroad express concern about what they regard as an incipient erosion of scientific prowess in this country, pointing to the lagging math and science proficiency of American high school students and the reluctance of some college graduates to pursue careers in science and engineering.

"For a company, the reality is that we have a lot of options," Mr. Banholzer of Dow Chemical said. "But my personal worry is that an educated, innovative science and engineering work force is vital to the economy. If that slips, it is going to hurt the United States in the long run."

Some university administrators see the same trend. "This is part of an incredible tectonic shift that is occurring," said A. Richard Newton, dean of the college of engineering at the University of California, Berkeley, "and we've got to think about this more profoundly than we have in the past. Berkeley and other leading American universities, he said, are now competing in a global market for talent. His strategy is to become an aggressive acquirer. He is trying to get Tsinghua University in Beijing and some leading technical universities in India to set up satellite schools linked to Berkeley. The university has 90 acres in Richmond, Calif., that he thinks would be an ideal site.

"I want to get them here, make Berkeley the intellectual hub of the planet, and they won't leave," said Mr. Newton, who emigrated from Australia 25 years ago.

The corporate research survey was financed by the Ewing Marion Kauffman Foundation, which supports studies on innovation. It was designed and written by Ms. Thursby, who is also a research associate of the National Bureau of Economic Research, and her husband, Jerry Thursby, who is chairman of the economics department at Emory University in Atlanta.

I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

Since this is not concurrent filing, i think the fees will increase on July 30th.

I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.

yes, you can. I did it last summer. the first officer at the border did not know the rule and said we could not enter, then an older officer came and said we could. they let us in with expired visa but approved h-1b extension notice

7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

H-1B automatic revalidation different than that for F and J nonimmigrants F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

7.27.2.2 Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

7.27.2.3 Revalidation of H visas in the United States no longer possible Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

Please let me now if these points are in place currently. And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico? I will appreciate your thoughts on this.

no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

I think this is a hug issue that needs to be taken up with Ombudsman. I am PD, Dec, 2004 and July 2 filer. Mine is also NSC_CSC_NSC route. Today, first level was unable to fileSR. Second level said you are 400 days within processing time. Obviously, they are using 2006 date of CSC.

My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

Thanks.

Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.

If you plan to change employer and what if he revokes your I 140. so better to renew.

And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.

Good luck

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fide_champ

02-15 08:30 AM

Does anyone have any experience visiting canada with an expired US visa and then returning back to US showing just the approval notice? I heard you don't need to get a new stamping if you are returning before 30 days.

If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.

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veni001

05-19 10:38 AM

Guys,

I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.

However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.

I am under the impression that company B is not aware of H1 filing with company A.

So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).

Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.

You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "

If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.

If A is not willing to cancel or you need to ask them to cancel then ....

Your options might be,

a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in. b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load. c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.

I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.

PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.

Good luck.

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amirani

03-03 05:27 PM

Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.

Thanks for the response.

The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....

There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010? 2. Any other situation or scenario that i should be aware of? 3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009? 4. How long can i stay outside US on a H1b visa?

Thanks a lot.

This might be an Attorney question

1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you 2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc. 3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here 4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.

On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.

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05-08 12:37 PM

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waitingnwaiting

11-29 10:22 AM

This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help?? Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??

First people who do not have greencard should support. Right now we do not even have 1% of those people part of IV